Daily Comment on News and Issues of Interest to Michigan Lawyers

12/21/2010

Class Action Lawyers -- Endangered Class?

In Forbes’s Full Disclosure post, "Class-Action Foes Have Trifecta Before Supreme Court," Daniel Fisher says that Justice Ginsburg may tip the balance. The three big class-action cases lined up for decision this Term, Smith v. Bayer Corp., Wal-Mart v. Dukes, and AT&T Mobility v. Concepcion, have led some to speculate that the death of large scale class action litigation may be at hand. Fisher points out that “the typical 5-4 split between conservative and liberal justices may not rule the day” because “Justice Ruth Bader Ginsburg, a former civil procedure professor, is a class-action skeptic who has previously voted to rein in cases on behalf of asbestos claimants and insurance customers.”

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Class Action Lawyers -- Endangered Class?

In Forbes’s Full Disclosure post, "Class-Action Foes Have Trifecta Before Supreme Court," Daniel Fisher says that Justice Ginsburg may tip the balance. The three big class-action cases lined up for decision this Term, Smith v. Bayer Corp., Wal-Mart v. Dukes, and AT&T Mobility v. Concepcion, have led some to speculate that the death of large scale class action litigation may be at hand. Fisher points out that “the typical 5-4 split between conservative and liberal justices may not rule the day” because “Justice Ruth Bader Ginsburg, a former civil procedure professor, is a class-action skeptic who has previously voted to rein in cases on behalf of asbestos claimants and insurance customers.”